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Hearing Under Oregon's Implied Consent Law
Overview

This page pertains to Implied Consent Hearings resulting from the receipt of a notice of intent to suspend from a police officer acting under Oregon's Implied Consent Law, following an arrest for driving under the influence of intoxicants.

An Implied Consent Hearing is an administrative proceeding conducted by an administrative law judge of the Office of Administrative Hearings. The purpose of the hearing is to determine whether the suspension is valid under all of the applicable statutes and administrative rules.

Who Is Entitled to a Hearing?

A person who has received a notice of intent to suspend their driving privileges under Oregon's Implied Consent Law is entitled to a hearing, but must request it in the manner and within the time frame allowed in the notice of intent to suspend.

The office of Administrative Hearings will conduct the hearing by telephone unless you, or the reporting officer, request an in-person hearing.

How Do I Request a Hearing?

If you would like to request an Implied Consent Hearing you can:

  • Submit an online request;
  • Fax your request to DMV Hearings Case Management Unit at 503-945-5521; or
  • Mail or personally deliver your request to:
DMV Hearings Case Management Unit
1905 Lana Ave NE
Salem OR 97314
Your request must be in writing and include the following information:
  • Your full name;
  • Your complete mailing address;
  • Date of arrest;
  • Your Oregon Driver License, Permit, ID Card or customer number (if you have one);
  • Your date of birth;
  • A telephone number (with area code) where you can be reached between 8:00 AM and 5:00 PM Monday through Friday;
  • A brief statement of the issues you intend to raise at the hearing;
  • The name, address and telephone number of your attorney (if you will be represented by an attorney during the hearing process):
    • You have the right to be represented by an attorney at your own expense. You may represent yourself at the hearing. Legal aid organizations may be able to assist you if you have limited financial resources. The Department will not be represented by an attorney at the hearing;
  • Dates and times that you (or your attorney) cannot appear at a hearing; 
  • A request to have the hearing held in person, if desired; and
  • A request for an interpreter (if you do not speak English, and will need an interpreter to translate for you at the hearing).

You may call the DMV Hearings Case Management Unit at (503) 945-5545 to confirm receipt of your request. DMV is not responsible for requests that cannot be read when they are received or that are lost or misdirected during the transmission process.

A request that is received after business hours will be considered received on the next business day. Business hours are 8:00 AM - 5:00 PM, Monday through Friday.

Note: Hearings cannot be requested via the telephone.

How Much Time Do I Have to Request a Hearing?

Hearing requests must be received as follows:

  • Breath Test Failure – If you failed a breath test, your request must be received at DMV Headquarters by 5:00 PM on the tenth day following the arrest.
  • Breath, Blood or Urine Test Refusal – If you refused to submit to a test of your breath, blood or urine, your request must be received at DMV Headquarters by 5:00 PM on the tenth day following the arrest.
  • Blood Test Failure – If you failed a blood test, your request must be received at DMV Headquarters by 5:00 PM on the tenth day following the date of the Notice of Suspension sent to you by DMV.

If your request for a hearing is not received in the time allowed, DMV will deny it unless you demonstrate that the request should be granted under Oregon Revised Statute (ORS) 813.440.

If you want DMV to consider your grounds for not filing a timely hearing request, you need to include a statement of the circumstances that caused the late request. Be sure to also include any documentation that will support your reasons for a late request.

Related Information

Additional information that may be relevant includes: